1. Chapter 19: Civil Liberties: First Amendment Freedoms Section 1

2. Objectives
Explain how Americans’ commitment to freedom led to the creation of the Bill of Rights.
Understand that the rights guaranteed by limited government are not absolute.
Show how federalism affects individual rights.
Describe how the 9th Amendment helps protect individual rights.

3. Key Terms
Bill of Rights: the first ten amendments added to the Constitution, ratified in 1791
civil liberties: freedoms protected against any unjust actions taken by the government
civil rights: freedoms protected by positive actions taken by the government
aliens: people who are not citizens of the country in which they live

4. Key Terms, cont.
Due Process Clause: clause in the 14th Amendment that says no state can take away a person’s life, liberty, or property without due process of law
process of incorporation: the manner in which the Supreme Court has interpreted the guarantees in the Bill of Rights as being part of the Due Process Clause

5. Introduction
How does the Constitution protect the rights of individuals against government?
The Constitution guarantees civil rights and civil liberties to the American people.
Many of these rights and liberties are protected by the laws established in the Bill of Rights and the 14th Amendment.

6. Key Documents
The Declaration of Independence states that all men have unalienable rights and that governments exist to protect these rights.
The Preamble to the Constitution states that purpose of the American government is to “secure the blessings of Liberty” to the people.
Articles I and III of the Constitution guarantee many key rights.

7. The Bill of Rights
There was no general listing of the rights of the people in the Constitution until the Bill of Rights was ratified in Now the Bill of Rights is an essential part of the Constitution.
James Madison (right) authored the Bill of Rights.

8. Civil Rights and Liberties
Civil liberties can be thought of as freedoms protected from possible government abuse.
Civil liberties include freedom of religion, speech, and the press as well as the right to a fair trial.
Civil rights can be thought of as freedoms defended by the government.
Civil rights include laws banning discrimination.

9. Limited Government
Checkpoint: How does the Bill of Rights limit government in the United States?
All governments have authority over individual citizens.
In a democratic government such as the United States, this authority is limited by laws like the Bill of Rights, which specifies individual rights and freedoms that government cannot violate.
Checkpoint Answer: The Bill of Rights specifies a wide range of rights and freedoms that the U.S. government must protect and cannot violate by its actions or through passing any new laws. 9

10. Relative Rights
U.S. citizens may exercise their own rights as long as they do not infringe upon the rights of others.
For example, the right to free speech does not protect obscene language.
Rights can come into conflict with each other. When this happens, the courts must then decide the issue. Blaring music late at night is not a right because it infringes on the rights of others.

11. Whose Rights?
Most constitutional rights extend to all people in the United States, including aliens, or non-citizens.
However, certain rights of aliens, such as freedom of travel, can be restricted.
During wartime these restrictions may increase.
For example, in World War II people of Japanese descent were forced to relocate to internment camps.
NOTE TO TEACHERS: The Japanese internment during WW II was ruled constitutional by the Supreme Court, but the U.S. government eventually apologized and paid damages to each living person who had been relocated to the internment camps

12. Federalism
The Bill of Rights applies to the actions of the federal government, not the state governments.
However, each state constitution contains its own bill of rights to protect the freedoms of its citizens.
In addition, the 14th Amendment extends the basic rights protected by the Bill of Rights to the citizens of all states.

13. The 14th Amendment
The 14th Amendment includes a Due Process Clause. The Supreme Court has ruled that this clause means no state can deny any person their basic rights and liberties.
Over time, through the process of incorporation, these basic rights and liberties have been defined as including most of the protections in the Bill of Rights.

14. Gitlow v. New York, 1925
Checkpoint: Why is the case Gitlow v. New York important?
New York state had convicted Benjamin Gitlow of criminal anarchy for urging people to overthrow the government.
The Supreme Court upheld the conviction, but ruled for the first time that the 1st Amendment right to free speech also extended to the states because of the 14th Amendment.
Checkpoint Answer: The Gitlow v. New York ruling began the process of incorporation by which many of the freedoms guaranteed in the Bill of Rights were also deemed to be protected in the states under the 14th Amendment. 14

15. The 9th Amendment
The 9th Amendment declares that the people have rights beyond those specifically listed in the Constitution.
Over time the Supreme Court has determined that some of these unlisted rights include:
The right of a person not to be tried on the basis of unlawfully gained evidence
The right of a woman to choose to have an abortion 15

16. Review
Now that you have learned how the Constitution protects the rights of individuals against government, go back and answer the Chapter Essential Question.
How can the judiciary balance individual rights with the common good?

17. Chapter 19: Civil Liberties: First Amendment Freedoms Section 2

18. Objectives
Examine why religious liberty is protected in the Bill of Rights.
Describe the limits imposed by the Establishment Clause of the 1st Amendment.
Summarize the Supreme Court rulings on religion and education as well as other Establishment Clause cases.
Explain how the Supreme Court has interpreted and limited the Free Exercise Clause.

19. Key Terms
Establishment Clause: the clause in the 1st Amendment that prohibits the government from establishing a religion
Free Exercise Clause: the 1st Amendment clause that bans government from interfering with the free practice of any religion
parochial: church-related

20. Introduction
How does the 1st Amendment protect the freedom of religion?
The Establishment Clause of the 1st Amendment bans Congress from passing any law to establish a religion.
The Free Exercise Clause bans Congress from preventing anyone from freely practicing their own religion.
The 14th Amendment extends these bans to the state governments.

21. Religious Freedom
Support for religious freedom was partly a rejection of colonial government-sponsored churches.
In 1786 Thomas Jefferson wrote the Virginia Statute for Religious Freedom, influencing the 1st Amendment.
Jefferson said the 1st Amendment created a “wall of separation between church and state.”

22. Church and State
The federal government does not support a specific religion, but does encourage religion in general.
Most religious property and contributions to religions are not taxed.
Oaths of office, the national anthem, and U.S. coins and currency make reference to God.
The exact limits of the Establishment Clause remain controversial.

23. Religion and Public Schools
Most Supreme Court rulings on the Establishment Clause have involved religion and education.
The Court has ruled that public school students may be released during school to attend religious classes, but only if those classes are held in private places off school grounds.
The Court has allowed states to fund bussing for parochial as well as public schools, as a safety measure.
NOTES TO TEACHER: The first dash refers to the decisions in McCollum v. Board of Education, 1948 and Zorach v. Clauson, The second dash refers to the decision in Everson v. Board of Education, 23

24. School Prayer
Checkpoint: According to the Supreme Court, how does state-sponsored support of prayer in schools violate the 1st Amendment?
The Court has found in seven major cases that the 1st Amendment requires the government to neither aid nor oppose religion.
This means schools cannot sponsor religious exercises such as prayer.
Checkpoint Answer: Public schools are state sponsored institutions, and as such they are not allowed to promote (aid) or oppose religion, so they may not sponsor prayers in school. 24

25. School Prayer, cont.
The Court has banned mandatory prayers to start school, posting of the Ten Commandments in classrooms, and school-sponsored prayers at graduations and football games.
Students can pray as individuals in school and at school events.
NOTE FOR TEACHERS: The bullet refers to the decisions in the 1963 cases Abington School District v. Schempp and Murray v. Curlett (prayers to start school), Stone v. Graham, 1980 (Ten Commandments in classrooms), and Lee v. Weisman, 1992 and Santa Fe Independent School District v. Doe, 2000 (no school-sponsored prayers at graduations and football games, respectively)

26. Other School Issues
The Equal Access Act of 1984 requires public high schools to let student religious groups meet at school.
The Supreme Court has ruled that this law applies to grade schools as well.
The Supreme Court has ruled that states cannot ban the teaching of evolution in public schools or require the teaching of creation science.
NOTE TO TEACHERS: The first bullet and sub-entry refer to Westside Community Schools v. Mergens, 1990 and Good News Club v. Milford Central School, 2001, respectively. The two evolution cases related to the second bullet are Epperson v. Arkansas, 1968 and Edwards v. Aguillard, 1987.

27. Parochial Schools
Several states provide public financial aid to parochial schools.
Supporters argue that parochial students would otherwise be educated at public expense and that their parents pay taxes to support public schools.
Opponents argue that parents could send their children to public schools and that funding parochial schools amounts to government sponsorship of religious teaching.

28. The Lemon Test Checkpoint: What is the purpose of the Lemon test?
This is a three-part test used to decide if a state law establishes a religion.
It is usually applied to determine if state aid to parochial schools is constitutional.
The test comes from the 1971 Lemon v. Kurtzman case, where the Court struck down state financial aid to parochial schools in Pennsylvania.
Checkpoint Answer: To determine if state aid to parochial schools is constitutional under the laws separating church and state. 28

29. The Lemon Test, cont.

30. Examples of the Lemon Test
The Court usually finds public aid for church-related schools to be unconstitutional:
It has banned using taxes to pay for teacher salaries, field trips, school districts set up for a religious community, or to reimburse parents for parochial tuition.
The Court has allowed states to give tax deductions or tuition vouchers to parents who send children to private schools, which may include parochial schools.
NOTE TO TEACHERS: The first dash refers to Wolman v. Walter, 1977 (field trips) and Grand Rapids School District v. Ball, 1985 (teacher salaries), Board of Education of Kiryas Joel v. Grumet, 1994 (a special school district for a Hasidic Jewish community), and Committee for Public Education and Religious Liberty v. Nyquist (tuition reimbursement). The second dash refers to Mueller v. Allen, 1983 and Zelman v. Simmons-Harris 2002 30

31. Public Displays
Are government-sponsored chaplains, seasonal displays, or displays of the Ten Commandments constitutional?
The Supreme Court has given different rulings on displays, depending upon how they promote religion.

32. Pubic Displays, cont.
A Christmas tree sparkles in front of the California State Capital.
The Court has ruled that “government may celebrate Christmas in some manner and form, but not in a way that endorses Christian doctrine.”

33. Public Displays, cont.
A chaplain offers the opening prayer in both houses of Congress and most State legislatures.
The Court has ruled that this practice, unlike organized prayer in public schools, is constitutionally permissible.

34. Limits on Exercise of Religion
Checkpoint: What acts are not protected by the Free Exercise Clause?
No government law or action can deny a person the right to hold any religious beliefs that they wish.
However, no one has the right to break criminal laws, offend public morals, or threaten public safety while practicing their religion.
Checkpoint Answer: The Free Exercise Clause does not protect the right to offend public morals, break criminal laws, or threaten public safety.

35. Protections
The Supreme Court has often ruled that the Free Exercise Clause only applies to beliefs rooted in religion.
The Court has struck down laws requiring a license to raise money for religious causes.
The Court has ruled that Amish children do not have to attend school past the 8th grade and that Jehovah’s Witnesses do not have to salute the American flag due to the beliefs of each religious group.
NOTE TO TEACHERS: The first dash refers to the cases Cantwell v. Connecticut, 1940 and Watchtower Bible and Tract Society v. Village of Stratton, The second dash refers to Wisconsin v. Yoder, 1972 (Amish) and Minersville School District v. Gobitis, 1940 and West Virginia Board of Education v. Barnette, 1943 (Jehovah’s Witnesses).

36. Review
Now that you have learned how the 1st Amendment protects the freedom of religion, go back and answer the Chapter Essential Question.
How can the judiciary balance individual rights with the common good?

37. Chapter 19: Civil Liberties: First Amendment Freedoms Section 3

38. Objectives
Explain the importance of the two basic purposes served by the guarantees of free expression.
Summarize how the Supreme Court has limited seditious speech and obscenity.
Examine the issues of prior restraint and press confidentiality, and describe the limits the Court has placed on the media.
Define symbolic and commercial speech; describe the limits of their exercise.

39. Key Terms libel: the false and malicious use of printed words
slander: the false and malicious use of spoken words
sedition: the crime of attempting to overthrow the government by force or disrupt it by violent acts
seditious speech: advocating sedition

40. Key Terms, cont.
prior restraint: banning an idea before it is expressed
injunction: a court order
shield laws: laws protecting lawyers from giving up confidential sources
symbolic speech: expressing an idea by one’s conduct
picketing: patrolling a workplace while on strike

41. Introduction
What are the limits on the guarantees of free speech and free press?
No person has the right to libel or slander another person.
It is illegal to encourage others to commit a crime.
Laws can ban the use of obscene words, printing or distributing obscene materials, and false advertising.

42. Free Expression
The 1st amendment guarantees each person the right of free expression by speech, writing, and all other means of communication.
The 14th Amendment extends this federal right to citizens of every state.
Everyone has the right to hear what others have to say on public issues.
Only an informed populace can make good decisions about public policy.

43. Seditious Speech
Congress has passed several laws banning seditious speech.
The Alien and Sedition Acts of 1798 punished government critics.
The Espionage Act of 1917 made it a crime to say, write, or publish disloyal comments about the government.
The Smith Act of 1940 makes it a crime to urge or plan the violent overthrow of the American government.

44. What Counts as Sedition?
In Schenck v. United States, the Supreme Court established the “clear and present danger rule.”
Words can be banned if there is a strong risk that they will encourage criminal activity.
In Yates v. United States, the Court ruled that it is not illegal to urge someone to believe something but it is illegal to urge them to do something.

45. Obscenity
It is illegal under federal and state law to distribute obscene material.
The Supreme Court created a three-part test to determine if something is obscene.
Material is obscene if it:
Incites lust according to local community standards
Deals with sexual conduct banned in an anti-obscenity law
Lacks serious literary, artistic, political, or scientific value
NOTE FOR TEACHERS: The three-part obscenity test comes from the Supreme Court ruling in Miller v. California, 1973. 45

46. Prior Restraint Government censorship is usually illegal.
Censorship may be allowed if published material could endanger national security.
This rule has been applied to censor material distributed in military bases and federal prisons or about the CIA.
NOTE TO TEACHERS: The censorship cases in the sub-listing for the second bullet are Greer v. Spock, 1976 (military bases), Thornburgh v. Abbott, 1989 (prisons), Snepp v. United States, 1980 (CIA)

47. Prior Restraint, cont.
Checkpoint: How has the Supreme Court ruled on student speech?
Public schools have a broad power to censor “school-sponsored expressive activities,” including school newspapers and plays.
School officials must show that their censorship is in the educational interest of the school.
Checkpoint Answer: Student speech (including writing) has fewer protections that speech made outside of a school setting, and may be censored by school officials for educational reasons. 47

48. The Media
The Supreme Court has ruled that under federal law, news reporters must testify in court even if it means revealing confidential sources.
Some 30 states have passed shield laws that give reporters some rights to withhold confidential sources.

49. The Media, cont.
Freedom of the press does not give the movie industry as much protection as newspapers. Films can be censored.
Radio and television receive the least 1st Amendment protection.
Radio and TV stations are licensed to broadcast their signals on publicly owned airwaves.
Such stations have no guaranteed 1st Amendment right to broadcast their material.
Instead, they fall under the commerce power of Congress.
NOTE TO TEACHERS: The main bullet and the second sub-listing refer to the ruling in FCC v. Pacifica Foundation, 1978 and Red Lion Broadcasting Co. v. FCC, The first sub-listing refers to the ruling in National Broadcasting Co. v. United States, 1943.

50. The Media, cont.
Radio and TV are heavily regulated by the Federal Communications Commission (FCC)
The FCC can refuse to license stations that use indecent language.
Cable TV has fewer regulations.
NOTE TO TEACHERS: The final bullet refers to the ruling in United States v. Playboy Entertainment Group, 2000.

51. The Media, cont.
The few Supreme Court cases dealing with the Internet have involved laws aimed at stopping the distribution of pornography online.
Most of these laws have been overturned, except for the Children’s Internet Protection Act.
NOTE TO TEACHERS: The relevant Supreme Court rulings are Reno v. American Civil Liberties Union, 1997 (overturned an anti-pornography law) and United States v. American Library Association, 2003 (upheld CIPA).

52. Symbolic Speech
Symbolic speech is the expression of ideas by a person’s conduct and is often meant as an act of dissent.
An example is picketing a workplace while on strike to draw public attention to a controversy. Peaceful picketing is protected speech.
Burning the American flag or a cross as a political protest is also protected speech according to the Supreme Court.
NOTE TO TEACHERS: The relevant Supreme Court case for the first sub-listing is Thornhill v. Alabama, For the second sub-listing, the two flag-burning Court cases are Texas v. Johnson, 1989 and United States v. Eichman, The cross case is Virginia v. Black, 2003.

53. Symbolic Speech, cont.
Checkpoint: When are acts of dissent by speech punished?
If the object of the protest is within the constitutional powers of the government
If whatever restriction is placed on expression is no greater than necessary
If the government’s real intent is not to prevent dissent
Checkpoint Answer: See the listed items above, which can be restated as follows: If the act or law being protested is a legal action of the U.S. government, if the limit on free expression is not excessive, and if the government’s goal is not specifically to ban dissent.
NOTE TO TEACHERS: These criteria come from the Supreme Court case United States v. O’Brien, 1968, in which four young men who burned their draft cards to protest the Vietnam War were prosecuted because burning draft cards was a federal crime. 53

54. Commercial Speech Commercial speech most often refers to advertising.
The Supreme Court usually strikes down arbitrary bans on advertising.
The government can ban false and misleading advertisements or the advertising of illegal goods and services.
Congress has also banned tobacco ads on radio and television.

55. Review
Now that you have learned about the limits on the guarantees of free speech and free press, go back and answer the Chapter Essential Question.
How can the judiciary balance individual rights with the common good?

56. Chapter 19: Civil Liberties: First Amendment Freedoms Section 4

57. Objectives
Explain the Constitution’s guarantees of assembly and petition.
Summarize how government can limit the time, place, and manner of assembly.
Compare and contrast the freedom-of-assembly issues that arise on public versus private property.
Explore how the Supreme Court has interpreted freedom of association.

58. Key Terms assemble: to gather with one another
civil disobedience: the act of violating the law in an intentional but nonviolent way to protest a law or public policy
content neutral: a requirement that allows the government to regulate assemblies based on time, place, and manner of assembly but not on the basis of what might be said
right of association: the right to join with others to promote political, economic, and social causes

59. Introduction
How has the Supreme Court ruled on assembly and petition cases?
In general, the Court protects the right of peaceful assemblies and petitions.
Governments have the right to set rules on how, when, and where assemblies can take place, including requiring permits.
People do not have the right to trespass or to assemble or petition on private property.

60. Constitutional Guarantees
The 1st Amendment guarantees the right to peaceful assembly and to petition the government.
The 14th Amendment’s Due Process Clause extends these rights to citizens of every state.
The Constitution does not protect assemblies or petitions that endanger life, property, or public safety.

61. Examples
Assemblies include public demonstrations as well as organizations such as political parties and interest groups.
Petitions can include letters, lobbying, and advertisements.
Peaceful marches and parades are protected forms of assembly.

62. Civil Disobedience
Civil disobedience involves knowingly breaking the law in a nonviolent way to protest a law or public policy.
The courts have held as a general rule that civil disobedience is not a constitutionally protected right.
Those who take part in civil disobedience must accept the legal consequences of their actions.

63. Limits on Assembly
Checkpoint: How has the Supreme Court limited the time, place, and manner of assembly?
Governments can decide when, where, and how assemblies can take place in order to keep the public peace.
Government rules must be specific and fairly administered.
Government rules must also be content neutral. They cannot regulate gatherings based on what might be said.
Checkpoint Answer: The Supreme Court has upheld the right of governments at all levels to set rules restricting the time, place, and manner of assembly, but these rules must be (a) specifically worded, (b) fairly administered to everyone seeking to assemble, and [c] content neutral. 63

64. Public Demonstrations
Demonstrations tend to take place in public places such as streets, sidewalks, parks, or public buildings.
This can conflict with the normal use of these facilities or streets.
The subject of a demonstration can also lead to public arguments.
The Supreme Court thus allows governments to require advance notice and permits for demonstrations on public property.

65. Gregory v. Chicago, 1969
In 1969, a group marched from Chicago’s city hall to the mayor’s house to protest segregation in the city’s schools.
A crowd of several hundred bystanders gathered to protest against and throw objects at the marchers.
The police, fearing violence, arrested the marchers for disorderly conduct when they refused to leave.
The Court ruled that the violent bystanders, not the peaceful marchers, were disturbing the peace.

66. Other Court Cases
Anti-abortion groups often hold demonstrations to try to discourage women from going to abortion clinics.
The Supreme Court has ruled that judges and state laws may impose buffer zones limiting how close demonstrators may come to clinics.
These measures fall within the government’s power to limit how, when, and where assemblies take place.
NOTE TO TEACHERS: The second bullet deals with the Court rulings in Madsen v. Women’s Health Services, Inc., 1994 and Hill v. Colorado, 2000.

67. Private Property
People do not have the right to assemble or petition on private property without permission.
No one has the absolute constitutional right to hand out leaflets or ask for petition signatures in a shopping mall.
However, the courts can rule that shopping center owners should give permission for the reasonable exercise of the right to petition.
NOTE TO TEACHER: The key case on this issue is Lloyd Corporation v. Tanner, 1972

68. Private and Public Property
The right to peacefully demonstrate on public property is constitutionally guaranteed, yet demonstrations on private property are not constitutionally guaranteed.
Why has the Court ruled differently on public and private property demonstrations?
Answer: Privately owned places, like shopping centers, are not “places of public assembly” and thus, no one has a constitutional right to do such things as hand out political leaflets or ask people to sign petitions in those places. Yet, many State constitutions encourage businesses to allow petition. In that event, there is no violation of the property owners’ rights.

69. Freedom of Association
Checkpoint: What is the right of association?
The right to join with others to promote political, economic, and social causes.
It has been upheld as a constitutional right by the Supreme Court. People cannot be fired for belonging to associations and do not have to reveal them to practice law.
Associations do not have to accept members if doing so would contradict the beliefs of the association.
Checkpoint Answer: The constitutional right to join with others to promote political, economic, and social causes. 69

70. Review
Now that you have learned how the Supreme Court has ruled on assembly and petition cases, go back and answer the Chapter Essential Question.
How can the judiciary balance individual rights with the common good?